BILL 5
An Act to Amend
the Natural Products Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
1 of the Natural Products Act, chapter N-1.2 of the Acts of New Brunswick,
1999, is amended by adding the following definitions in alphabetical
order:
“farm product service officer”
means a farm product service officer appointed under section 64.1; (agent du service des produits de ferme)
“peace officer” includes any peace officer as defined
in the Motor Vehicle Act,
any person deemed or designated to be a peace officer under the Motor Vehicle Act, any person designated
as a commercial vehicle inspector for any purpose under the Highway Act or under the Motor Vehicle Act, any person appointed
under subsection 5(1) of the Crown
Lands and Forests Act as a forest service officer, and any
person appointed under this Act as a farm product service officer; (agent de la paix)
“registration
certificate”, with reference to a vehicle, means the registration
certificate issued for the vehicle under the Motor Vehicle Act; (certificat d’immatriculation)
2 Paragraph
11(1)(c) of the Act is repealed and the following is substituted:
(c) to require persons engaged in the
marketing or the production and marketing of a farm product, in the
promotion of the consumption and use of a farm product, or in research
activities pertaining to a farm product to register with the Commission,
agency, board, a Crown corporation or another body or person the following
information:
(i) their names;
(ii) their addresses;
(iii) the parcel identifier number or
numbers assigned by Service New Brunswick to land used for the marketing
or the production and marketing of a farm product, for the promotion
of the consumption and use of a farm product or for research activities
pertaining to a farm product or to land used for the disposal of a
farm product;
(iv) their occupations; and
(v) any other information prescribed by
regulation;
3 The Act is amended by adding after Part
IX the following:
PART IX.1
TRANSPORTATION OF CATTLE
Definition of “manifest”
57.1 In this Part, “manifest” means a manifest required under
this Part or the regulations to be completed, possessed, produced,
delivered or remitted in electronic or other form.
Requirements to possess manifest
57.2(1) No person, unless exempted by the regulations, shall operate
in the Province, bring into the Province or take out of the Province
on a public highway, a vehicle that is carrying cattle unless the
person has possession of a properly completed manifest, produces for
examination the manifest and any other documentation required to be
produced under this Act or the regulations and delivers them in accordance
with the requirements set out in this Act and the regulations.
57.2(2) Notwithstanding subsection (1), an operator of a vehicle who
transports cattle through the Province from another province in Canada
or another country to another province in Canada or another country
without loading or offloading the cattle in the Province shall give
notice to the Commission of his or her intention to do so in accordance
with the regulations.
57.2(3) The form and content of manifests and other forms, records, reports,
documentation or information required under this Part or the regulations,
requirements relating to their distribution, completion, possession,
production, collection, keeping, delivery and remittance and any other
matters relating to them, may be prescribed in the regulations or
described in the regulations, or the form and content, matters relating
to requirements or any of the other matters may be delegated in the
regulations to the Commission.
Requirements to deliver manifest
57.3(1) The operator of a vehicle to whom subsection 57.2(1) applies shall, upon the demand
of a peace officer, immediately produce and deliver into the peace
officer’s hands, for examination in detail by the peace officer,
the properly completed manifest for the cattle carried in the vehicle,
the operator’s driver’s licence and the vehicle’s
registration certificate, in accordance with the requirements set
out in the regulations.
57.3(2) The operator of a vehicle to whom subsection 57.2(1) applies shall, in accordance with
the requirements set out in the regulations, deliver the properly
completed manifest for the offloaded cattle to the owner or person
in charge of any farm, abattoir, premises, other place of business
or other location where the cattle are offloaded.
Obligations of operator of vehicle
57.4 The operator of a vehicle to whom subsection 57.2(1) applies shall, in accordance with the requirements
set out in the regulations, complete, collect and keep manifests and
remit them to the Commission.
Obligation to keep copies of manifests
57.5 An owner or person in charge of a farm, abattoir, premises, other
place of business or other location where cattle are offloaded shall
keep a copy of all the manifests that he or she receives for the period
specified by the Commission.
Arrangements or agreements
57.6 The Commission may make or authorize to be made with any other province
in Canada an arrangement or agreement respecting the exchange and
sharing of documentation or information, the giving of manifests,
or the imposition of requirements respecting the distribution, completion,
possession, production, collection, keeping, delivery and remittance
of manifests on one another’s public highways.
Delegation of powers of Commission
57.7 The Commission may delegate, in writing, any power conferred on the
Commission under this Part or the regulations to an agency, board,
Crown corporation or another body or person.
4 Paragraph
60(1)(e) of the Act is amended by striking out “sale records
or other records or papers” and substituting “sale records, manifests, regardless
of form, or other records or papers”.
5 The
Act is amended by adding after Part X the following:
PART X.1
FARM PRODUCT SERVICE OFFICERS AND PEACE
OFFICERS
Appointment of farm product
service officers
64.1(1) The Minister may appoint the following persons as farm product
service officers for the purposes of this Act:
(a) persons employed under the Civil Service Act; and
(b) any other persons considered by
the Minister to be suitable.
64.1(2) A farm product service officer may enter upon private lands whenever
necessary for the proper performance of his or her duties and functions
under this Act.
64.1(3) A document in writing signed by the Chairperson appointing a
person as a farm product service officer for the purposes of this
Act, shall, without proof of the appointment or signature of the Chairperson,
be accepted by all courts in the Province as conclusive proof of the
authority stated in the document.
64.1(4) The person in possession of a written appointment shall, upon
proof that his or her name is the same as the person named in the
document, be deemed to be the person named in the document.
Powers of farm product service officers
64.2 A farm product service officer carrying out his or her duties
and functions under this Act is a person employed for the preservation
and maintenance of the public peace and has and may exercise all the
powers, authorities and immunities of a peace officer as defined in
the Criminal Code (Canada).
Powers of peace officers
64.3 If a peace officer reasonably believes that the operator of a vehicle
is required to produce and deliver, or to deliver, a manifest in circumstances
described in section 57.3, the peace
officer, when on duty, has the power to require the operator of the
vehicle to stop and to produce and deliver or to deliver, as the case
may be, the properly completed manifest for the cattle carried in
the vehicle, the operator’s driver’s licence and the vehicle’s
registration certificate, as required under section 57.3.
Assistance to peace officers
64.4 The owner or person in charge of any farm, abattoir, premises, load
of cattle, other place of business or other location where cattle
are offloaded and any employees or agents of the owner or person in
charge shall give a peace officer all reasonable assistance to enable
the peace officer to carry out his or her duties and functions under
this Act and shall furnish the peace officer with such documentation
and information, regardless of form, as the peace officer may reasonably
require.
Obstruction of peace officers
64.5(1) No person shall obstruct or hinder a peace officer in the carrying
out of his or her duties and functions under this Act.
64.5(2) No person shall knowingly make a false or misleading statement,
either verbally or in writing, to a peace officer engaged in carrying
out his or her duties and functions under this Act.
6 Section
85 of the Act is repealed and the following is substituted:
85(1) Subject to subsection (2), a person
who violates or fails to comply with any provision of the regulations
commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
85(2) A person who violates or fails to comply with a provision of
the regulations in respect of which a category has been prescribed
under paragraph 104(g.1) commits
an offence of the category prescribed by regulation.
7 Section
99 of the Act is amended by adding after subsection (5) the following:
99(6) The Commission may make or authorize
to be made with the Government of Canada or the government of a province
an agreement respecting the exchange and sharing of information relating
to land used for the marketing or the production and marketing of
a farm product, for the promotion of the consumption and use of a
farm product or for research activities pertaining to a farm product
or to land used for the disposal of a farm product.
8 Section
104 of the Act is amended
(a) by adding after paragraph
(a) the following:
(a.1) prescribing information for the
purposes of paragraph 11(1)(c);
(b) by adding after paragraph (e) the following:
(e.1) exempting persons from the application
of subsection 57.2(1);
(e.2) respecting the form and content
of manifests and other forms, records, reports, documentation and
information for the purposes of Part IX.1, including the delegation
of the establishment of their form and content to the Commission;
(e.3) respecting requirements in relation
to the distribution, completion, possession, production, collection,
keeping, delivery and remittance of manifests and other forms, records,
reports and other documentation and information for the purposes of
Part IX.1, and respecting any other matter relating to them, including
the delegation of the matters relating to the requirements or any
of the other matters to the Commission;
(e.4) respecting the giving of manifests
and other forms, records, reports and other documentation and information
distributed, completed, possessed, produced, collected, kept, delivered
or remitted under this Act or the regulations for the purposes of
Part IX.1 to another Minister of the Crown, a Crown corporation or
another agency, body or person and respecting the confidentiality
to be maintained in relation to such documentation or information;
(c) by adding after paragraph (f) the following:
(f.1) establishing requirements for and
procedures in respect of the use of an electronic or computer-based
system for the distribution, completion, possession, production, collection,
keeping, delivery and remittance of manifests;
(d) by adding after paragraph
(g) the following:
(g.1) prescribing, in relation to offences
under the regulations, categories of offences for the purposes of
Part II of the Provincial Offences
Procedure Act;
9 Schedule
A of the Act is amended
(a) by adding after
the
following:
57.2(1)............... |
E |
57.3(1)............... |
E |
57.4............... |
E |
57.5............... |
E |
(b) by adding after
the
following:
64.4............... |
E |
64.5(1)............... |
E |
64.5(2)............... |
E |
10 This Act or any provision of it comes into
force on a day or days to be fixed by proclamation.